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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant concluded a lease contract with a rental business operator B Co., Ltd. (hereinafter referred to as “B”), and with respect to the building C and D (hereinafter referred to as “multi-family”) in Seongbuk-si, Sungnam-si, with KRW 178,470,000, monthly rent of KRW 1,187,000.
1. On March 26, 2015, the Defendant concluded a sublease contract between the victim E and the sub-lease period from April 21, 2015 to April 20, 2017, the Defendant concluded a sublease contract between the victim E and the sub-lease period, and around that time, “F’s mortgage secured claim established in apartment and cancelled the registration of the establishment of the neighboring mortgage by repaying the F’s mortgage secured claim.” On June 11, 2015, the Defendant concluded a false statement with the victim requesting additional security on the ground that the sub-lease deposit is larger than the above apartment lease deposit.” Accordingly, the Defendant concluded that the victim is capable of returning the sub-lease deposit, including the amount equivalent to the Defendant’s lease deposit for the above apartment.
However, on March 30, 2015, the Defendant borrowed KRW 140,000,000 from G as security the right to return the lease deposit, and there is no evidence to acknowledge the part of this part of the charges that “the right to collateral security was established on the apartment.”
There was no intention or ability to return the sublease deposit to the victim even if the sublease contract is terminated due to the absence of special assets.
The Defendant received KRW 1,00,000 from the victim around March 26, 2015; KRW 70,000,000 around April 21, 2015; KRW 20,000,000 around April 30, 2015; KRW 100,000,000 around June 6, 2015; and KRW 180,512,000 around June 11, 2015; and the Defendant paid KRW 28,48,000 for two-year rent to the lessor Company B.
Accordingly, the defendant deceivings the victim to total of KRW 400,000.